7 • DEVELOPMENT CONSTRAINTS A number of factors affect the ability of the private sector to respond to the demand for housing, and constrain the development, maintenance and improvement of housing for all economic groups. Constraints, however, can generally be translated into increased costs to provide housing, and fall into two basic categories: governmental and non- governmental. GOVERNMENTAL CONSTRAINTS Governmental constraints are potential and actual policies, standards, requirements, or actions imposed by the various levels of government on development. Although federal and state programs and agencies play a role in the imposition of governmental constraints, they are beyond the influence of local government and cannot be effectively addressed in this document. Analysis of potential local governmental constraints are as follows. Land Use Controls Land use controls are basically minimum standards included within the City's Zoning and Subdivision Ordinances. Zoning is essentially a means of ensuring that the land uses of a community are properly situated in relation to one another, providing adequate space for each type of development. Zoning regulations control such features as: - height and bulk of buildings; - lot area and dimensions; - yard setbacks; - population density; and - building use If zoning standards are too rigid and do not allow sufficient land use flexibility, then development costs could increase and development interest may decrease. Housing affordability could be jeopardized. The Subdivision Ordinance governs the process of converting raw land into building sites. It allows the City to control the internal design of each new subdivision so that its pattern of streets, lots and public utilities will be safe, pleasant and economical to maintain. 7-1 Firebaugh Housing Element 2008 – 2013 Chapter 7: Development Constraints Again, overly restrictive standards will result in greater land development costs and potentially a lack in development interest. Firebaugh's land use controls are generally consistent with those enforced by other cities in the region and are not considered to be overly restrictive. In fact, it has been the lack of controls in the past which has contributed to many of the housing quality problems plaguing Firebaugh today, including lack of curbs and gutters, improper storm drainage, or adjacent land uses that pose nuisance problems. Building Codes Building codes regulate the physical construction of dwellings and include, for example, the plumbing, electrical, and mechanical codes. Firebaugh follows the 2007 Uniform Building Code as established by State law and as such, has little control over State standards. Building codes are enforced by the Firebaugh Building Department through inspections. Inspections normally occur as a result of building permits for new construction, remodels or rehabilitations. Other inspections may result from requests from individuals for assessments of building quality or from enforcement complaints or when the inspector notices construction occurring without permits. The City has its own in-house building department processing and inspection staff – a switch from recent years when the City contracted for building services. However, the City still contracts for plan checking services. Site Improvements Public improvement requirements for housing projects in Firebaugh are consistent with most other cities in the region. For single family residential subdivisions, Firebaugh requires the subdivider to install curbs, gutter, sidewalks and roadways (58-60-foot right- of-way with 36 feet of paving); extend sewer and water lines; and provide for storm drainage and park facilities. Multi-family housing projects, in addition to providing the above improvements, are required to provide on-site parking, landscaping and irrigation, and trash enclosures. For single family subdivision projects, the City’s off-site public improvements are reasonably consistent with neighboring communities – based on interviews with developers and city planners who are building in other cities in the region. While materials costs have fluctuated significantly in recent years, the installation of these off- site improvements are considered a "cost of doing business". From the vantage point of the City, these required improvements are necessary to ensure that the City is built in a manner that benefits residents of the subdivision and the City. 7-2 Firebaugh Housing Element 2008 – 2013 Chapter 7: Development Constraints Zoning Standards Development standards for Firebaugh's residential zone districts are outlined below. The residential zones for Firebaugh are similar to most San Joaquin Valley cities. Table 7-1 Zoning Standards Zone Districts (1) Standard R-1-4.25 R-1-5 R-1 R-2 R-3 M-U-C T-P Minimum lot size or unit 4,250 square 5,000 square 6,500 square 6,500 square 7,500 square 6,500 square 1.5 acres density feet feet feet feet feet feet Maximum density one unit one unit one unit (1) one unit per one unit per one unit per 2,400 s.f. 3,250 s.f. 3,250 s.f. 3,250 s.f. required for each unit Minimum lot width: 40 feet 50 feet 60 feet 60 feet 60 feet 60 feet N.A. Max Lot Coverage: 40% 30% 30% 50% 60% 60% 50% Front yard setback: 10 feet 20 feet 20 feet 20 feet 15 feet 15 feet 15 feet Rear yard setback (min.) 15 feet 20 feet 20 feet 20 feet 15 feet 15 feet 10 feet Side yard setback (min.) 5 feet(2) 5 feet(2) 5 feet(2) 5 feet(2) 5 feet (2) 5 feet (2) 5 feet Height (maximum) 25 feet/2 25 feet/2 25 feet/2 25 feet/2 25 feet/2 25 feet/2 20 feet/2 stories stories stories stories stories stories stories Parking: 1 space per 2 spaces per 2 spaces per 1.5 spaces per 1.5 spaces per 1.5 spaces 1 space per unit unit unit unit unit per unit unit Other Second units Minimum 300 Minimum 250 Parcels can One guest permitted s.f. of open s.f. of open be developed parking space consistent with space required space required consistent required for Second Unit per unit per unit with R-3, R-2 every ten ordinance or R-1 units standards Notes: (1) Zone districts are defined as follows: R-1-4.25: Single Family Residential zone, 4,250 square foot minimum lot size R-1-5: Single Family Residential zone, 5,000 square foot minimum lot size R-1: (Single Family Residential zone, 6,500 square foot minimum lot size R-2: Low Density Multi-Family Residential zone R-3: High Density Multi-Family Residential zone M-U-C: Mixed Use Commercial zone T-P: Trailer Park zone The Firebaugh Zoning Ordinance also provides for R-2-A and R-3-A zones. These are multiple family zones comparable to the R-2 and R-3 zones, except that they limit structures to one story in height. These zones have never been utilized and are proposed to be eliminated by the 2030 General Plan update. Source: Firebaugh Zoning Ordinance A review of zoning standards shown in Table 7-1 indicates that Firebaugh’s standards are fairly consistent with requirements of other cities in the region. Actually Firebaugh is the only area city that has a zone (the R-1-4.25 zone) allowing single family homes on 4,250 square foot lots (and which are not part of a planned unit development). Most of the zoning standards (minimum lot size, yards, height, coverage, density and parking) are 7-3 Firebaugh Housing Element 2008 – 2013 Chapter 7: Development Constraints considered to be consistent with other jurisdictions in the region and are serving the community well. However, during the writing of this Element, a preliminary plan has been submitted for an apartment complex with three-story structures. This would violate the height standard of the R-3 (High Density Residential) zone, which limits buildings to 25 feet/two stories. The City has identified this standard as a potential constraint to the production of affordable housing, and an action plan has been included in Chapter 8 for the City to consider revising this standard. For the most part, developers of recent projects in Firebaugh have not voiced concerns that any of the City’s standards are constraining their ability to develop. However, where a developer desires greater flexibility, the City offers the PD (Planned Development) zone. This zone allows developers to propose flexibility with zoning standards as long as the overall density of the project does not exceed the density allowed by the underlying zone district. The City has approved three P-D projects in the past three years. These projects allowed flexibility with respect to yard setbacks. Developers also have the option of requesting a density bonus for projects. As stipulated by State law, a density bonus allows an increase in density over that allowed by the zoning of the site, provided that the project is restricted to certain groups – low income and/or elderly residents. The City must also provide at least one concession in development standards – such as reduced setbacks, parking, or an increase in building height, for example. Firebaugh has not received any requests for density bonuses in the past five years, but remains ready to facilitate this type of project in the event one is proposed. Annexation Process Lands outside Firebaugh City limits but within the Sphere of Influence are typically designated for future development by the Land Use Element of the Firebaugh General Plan. This includes residential development. At an appropriate time these lands may be considered for annexation into the City. Annexations involve several levels of government review, including the City, the County, and Fresno Local Agency Formation Commission (LAFCo). In Fresno County, cities have a Memorandum of Understanding with the County (and LAFCo) that includes standards for annexation. One of the key standards for annexation approval is that a site proposed to be annexed must have an approved project on at least half of the acreage.